Yes, an executor can be held accountable for favoritism or unfair distribution of assets in Malaysia. Executors have a legal duty to act impartially and in the best interests of the estate and beneficiaries. If an executor shows favoritism or distributes assets unfairly, it may be considered a breach of their fiduciary duty.
Here are some key points to consider:
1. Impartiality
Executors are expected to treat all beneficiaries fairly and without favoritism. They should not show bias or give preferential treatment to certain beneficiaries over others.
2. Following the instructions in the Will
The primary guide for asset distribution is the instructions outlined in the Will. Executors are generally obligated to follow these instructions, unless there are valid reasons to deviate with the consent of all beneficiaries or with court approval.
3. Beneficiary rights
Beneficiaries have the right to challenge an executor’s actions if they believe there has been favoritism or unfair distribution of assets. They can bring legal action against the executor to seek a remedy or a more equitable distribution.
4. Court intervention
If beneficiaries believe that an executor has acted unfairly, they can apply to the court to review the executor’s actions. The court has the authority to intervene and ensure that assets are distributed in a fair and just manner.
It is important for executors to keep detailed records of their actions, communicate openly with beneficiaries, and seek legal advice when necessary to ensure compliance with their fiduciary duties.